Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
Archive for the ‘Jurisdiction’ Category
Ninth Circuit Assesses Copyright Damage Awards By Debbie Rosenbaum — Edited by Stephanie Weiner Derek Andrew, Inc. v. Poof Apparel Corp. 9th Circuit, June 11, 2007 Slip Opinion The Ninth Circuit reversed and remanded in part the decision of the District Court for the Western District of Washington, which had awarded statutory damages under the Copyright Act for a copyright infringement, as well as attorney’s fees. Under § 504(a) and (c) of the Copyright Act, a copyright owner can elect ... Read More...
Federal Circuit Clarifies Recovery for Lost Profits, Non-Exclusive Licensees: Parent Company Denied Recovery for Lost Profits of Subsidiary By Jeff Gritton — Edited by Joshua Gruenspecht Mars, Inc. v. Coin Acceptors, Inc. Federal Circuit, June 2, 2008, No. 2007-1409 Slip Opinion The Federal Circuit affirmed in part and vacated in part the District Court of New Jersey and remanded for recalculation of damages in a patent infringement suit. The court affirmed the district court’s holding precluding Mars Inc. (“Mars”) from ... Read More...
District Court Denies Yoko Ono Lennon’s Motion for Injunctive Relief By Nicola Carah — Edited by Evie Breithaupt Lennon v. Premise Media Corp. S.D.N.Y., June 2, 2008, No. 08cv03813 Slip Opinion The District Court for the Southern District of New York denied Yoko Ono Lennon’s motion for preliminary injunctive relief in a case involving Premise Media Corp.’s use of a fifteen-second clip of the song “Imagine” in Expelled, its controversial documentary about intelligent design. The court found that the plaintiffs ... Read More...
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
